Jonathan Charter v. HHS - Shingles, adhesive capsulitis and a tear in his supraspinatus tendon (2021)

Jonathan Charter filed a petition for compensation under the National Vaccine Injury Compensation Program alleging injuries of adhesive capsulitis and a torn supraspinatus tendon following his receipt of a Shingrix (shingles) vaccine on May 29, 2018. The program requires that a petitioner receive a vaccine listed on the Vaccine Injury Table, which generally includes vaccines recommended for routine childhood administration.

Shingles vaccines, like Shingrix, are recommended for adults and are not included on the Table. The Special Master issued an order for Mr.

Charter to show cause why his claim should not be dismissed, as the shingles vaccine is not a covered vaccine under the program. Mr.

Charter did not respond to the order to show cause by the deadline. Consequently, the Special Master dismissed the case for failure to state a claim upon which relief can be granted, as the petitioner did not receive a vaccine listed on the Vaccine Injury Table.

Mr. Charter was advised that he could pursue claims outside the Vaccine Program, such as against the vaccine administrator.